California Polytechnic State University has been given the speech code rating Yellow. Yellow light colleges and universities are those institutions with at least one ambiguous policy that too easily encourages administrative abuse and arbitrary application. Read more here.

California Polytechnic State University (Cal Poly), which has already once been on the losing side of a free speech lawsuit, suspended an unconstitutional program targeting professors and students whose speech is “biased” or not “politically correct.” The program even planned to let students report complaints anonymously, meaning that those deemed “politically incorrect” might never have known whom they had offended or why. Under pressure from FIRE, Cal Poly has promised that any future CARE-Net program (short for Community Advocating REspect) “will not function to suppress controversial, offensive, or any other kind of protected speech.”

In a major victory for free speech on campus, California Polytechnic State University (Cal Poly) has abandoned its attempt to punish a student for posting a flier on a public bulletin board. The flier merely announced a campus speech, but some students at the campus Multicultural Center found the flier "offensive." Cal Poly has agreed to expunge student Steve Hinkle’s disciplinary record relating to the incident, to cease interfering with his right to post fliers, and to pay significant attorney’s fees. The settlement of the lawsuit ends a victorious year-long campaign organized by FIRE and the Center for Individual Rights […]

Students are expected to be good citizens and to engage in responsible behaviors that reflect well upon their university, to be civil to one another and to others in the campus community, and contribute positively to student and university life.

The University recognizes that causing discomfort and even causing offense is not, of itself, a basis for limiting free speech. At the same time, all members of the University community should recognize that freedom of expression includes a responsibility to respect the dignity of others, to acknowledge the right of others to express differing opinions and to maintain civility at all times.

Physical, uncivil, threatening, and intimidating actions and abuse against any member of the community are not welcome in the University Housing community and will be subject to review to determine if they violate the CSU Standards for Student Conduct University Housing Resident Handbook and Community Standards Guidelines or other campus policies. Any activity directed at self, others, or a group of individuals living in campus housing, which could cause physical, and/or emotional, harm, is strictly prohibited. Residents are prohibited from engaging in any activity which could violate personal safety including, but not limited to, harassment, pranks, stalking, physical abuse, assault, threats, intimidation, bribery or coercion. You are expected to act in a manner which will not disturb the academic pursuits or infringe upon the privacy, rights, privileges, health or safety of others.

Sexual Harassment, a form of Sex Discrimination, is unwelcome verbal, nonverbal or physical conduct of a sexual nature that includes, but is not limited to Sexual Violence, sexual advances, requests for sexual favors, and indecent exposure where:

a. Submission to, or rejection of, the conduct is explicitly or implicitly used as the basis for any decision affecting a Student’s academic status or progress, or access to benefits and services, honors, programs, or activities available at or through the University; or

b. Such conduct is sufficiently severe, persistent or pervasive that its effect, whether or not intended, could be considered by a reasonable person in the shoes of the Student, and is in fact considered by the Student, as limiting the Student’s ability to participate in or benefit from the services, activities or opportunities offered by the University; or

c. Such conduct is sufficiently severe, persistent or pervasive that its effect, whether or not intended, could be considered by a reasonable person in the shoes of the Student, and is in fact considered by the Student, as intimidating, hostile or offensive.

Sexual Harassment also includes acts of verbal, non-verbal or physical aggression, intimidation or hostility based on gender or sex-stereotyping, even if those acts do not involve conduct of a sexual nature.

Bullying is defined as passive or active, aggressive and hostile acts of an individual or group of individuals that are intended to humiliate, mentally or physically injure or intimidate, demean/lessen, and/or control another individual or group of individuals. Bullying can foster a climate of fear and disrespect which seriously impairs the physical and psychological health of its victims and creates conditions that negatively affect any learning environment.

Freedom of expression is a cornerstone of a democratic society and is essential to the educational process. Universities have a special obligation not only to tolerate but also to encourage and support the free expression of ideas, values and opinions, even where they may be unpopular or controversial. Cal Poly accepts and embraces this obligation, recognizing that such expression may take a variety of forms, such as speeches, signs, written materials, public assemblies, parades, demonstrations and artistic representation.

Acknowledging the central role the unfettered exchange of information and ideas plays in learning and in a free society, the University shall ensure that individuals and groups are afforded wide latitude in exercising the right of free expression and that their constitutionally protected right to free expression is not abridged.

Freedom of expression is an individual right and therefore is not restricted to place. While freedom of expression is encouraged everywhere on campus, several outdoor campus spaces have come to be viewed as “University Commons,” places where individuals and groups assemble to exercise the right of free expression without necessarily having to schedule use of the space in advance.

Designated University Commons include the UU Plaza, Dexter Lawn and the Theatre Lawn. It should be noted that on occasion all or some portion of a University common may have been reserved in advance. In such cases the individuals or groups having initially reserved the University common will be deemed to have priority and other individuals or groups may be referred to another, available University common.

Other outdoor spaces on campus may be used as public gathering spaces for events and activities. Use of University scheduling protocols is encouraged in all cases, to facilitate coordination with other events and among potential campus service providers. Where amplified sound, equipment or commercialism are involved, use of University scheduling protocols is required.

By Aaron Bandler at The College Fix Plans by the California State University system’s leaders to reject Christian campus organizations because they won’t let non-Christians lead their groups is causing concern among some students who say the policy is unfair, illogical and overbearing. “How can we effectively teach people?” Ashley Pierce, a Bible study leader in the Chinese Christian Fellowship at California Polytechnic State University, said in an interview with The College Fix. “It’s a stupid rule; it has no place in Christian groups.” Pierce said the policy would effectively force her campus group to accept non-Christians in leadership positions that require faith-based […]

By Joshua Rhett Miller at Fox News Politicians have always loved to see their names in the newspapers, but at California Polytechnic State University, candidates for student government face fines of $100 just for talking to reporters. J.J. Jenkins, editor-in-chief of the Mustang News, the school’s student newspaper, told FoxNews.com that two of four candidates for president at the public university in San Luis Obispo have been fined $100 after they or their campaign staff spoke to the student-run publication. The students were notified they violated code banning active campaigning including “non-verbal public display” until 10 days before the April 23 […]

The conservative author and entrepreneur whose visit nearly 10 years ago to Cal Poly sparked a free speech lawsuit does not describe himself as a controversial figure. Loving? Yes. Dedicated to his wife and family? Check. “I am not, despite what everyone may say, controversial,” Mason Weaver told a crowd of nearly 100 people gathered on campus Tuesday evening. “But the nicest person here will rise up in anger if someone attacks what you love.” And attacks on personal freedoms are one thing Weaver clearly does not tolerate. In an hourlong speech hosted by the Cal Poly College Republicans, Weaver […]

Mustang Daily Cal Poly is developing an outlet for students to report grievances in order to foster a safer and healthier learning environment. CARE-Net is a university-wide initiative. It is essentially a forum for students to report discriminatory incidents. CARE-Net will likely be launched later in May as a pilot program. “The university is interested in hearing about students’ experiences at Cal Poly and the university is committed to an inclusive community,” CARE-Net organizer Patricia Ponce said. The CARE-Net team defines a biased incident as “any speech, act, or harassing incident or action taken by a person or group that […]

Roman Catholic Robert Smith is fired from an appointment on the Washington Metro transit authority board by Maryland Governor Robert Ehrlich for the crime of saying that he doesn’t approve of homosexuality. Journalist and author Oriana Fallaci cannot visit her native country of Italy for fear of being thrown in prison because of a lawsuit brought against her by the Italian Muslim Union for the crime of “defaming Islam.” British neo-Nazi David Irving is sentenced to three years in prison in Austria for a 1989 speech in which he committed the crime of Holocaust denial. College Republican Steve Hinkle is […]

by David Beito, Ralph Luker, and Robert “K. C.” Johnson Perspectives (American Historical Association) Has the AHA turned its back on academic freedom? In January, members present at its business meeting rejected a resolution to condemn attacks on academic freedom, whether from the right or from the left. Instead, they passed a weaker resolution that selectively condemned only threats coming from the right.We weighed into this controversy as part of a three person “left/right” coalition for academic freedom. Our chances were slim and we knew it. Only in December did we learn that the AHA business meeting would consider a […]

By David T. Beito, Ralph E. Luker, and Robert David Johnson, Organization of American Historians Newsletter Few controversies have polarized higher education more than that of Ward Churchill at the University of Colorado (CU). Many conservatives, including Governor Bill Owens of Colorado and Newt Gingrich, have demanded that Churchill be dismissed for characterizing the victims of 9/11 as “Little Eichmanns.” Professors and students at CU and elsewhere have responded with rallies and petitions to defend Churchill’s academic freedom. They emphasize that the health of the academy rests on the toleration of controversial, even repellant, ideas. Joining in, the faculty of […]

This past Tuesday, David French, HLS ’94, President of the Foundation for Individual Rights in Education (FIRE), spoke to a gathering of HLS students about how restrictive speech codes at universities are undermining the educational values upon which these universities are founded. French observed that even though he came to HLS from a religious college, not much changed in terms of the educational atmosphere. “I was going from one religious school to another religious school…it was just a different kind of religion.” This was a time according to French when Harvard was referred to as “Beirut on the Charles”.Upon arriving […]

By John T. Plecnik at Front Page Magazine The John William Pope Center for Higher Education Policy hosted its annual policy conference at North Carolina State University last Saturday on October 16, 2004. The topic: “Freedom and the American Campus.” All-star panels articulated the reality of liberal bias on college campuses, and debated possible solutions. Notables included David Horowitz of FrontPageMag.com, former U.S. House Historian Dr. Christina Jeffrey, and David French of the Foundation for Individual Rights in Education (FIRE). During the conference, it was reported that a memo was circulating among the faculty and administration of N.C. State warning […]

In a recent Sun column, (“Reclaim Your Victimhood,” Sept. 24), Danny Pearlstein, skeptical of the notion that conservatives in academia suffer discrimination, challenged conservatives “to send me concrete instances” of such. As the French would say, “chiche!” — dare accepted. Pearlstein’s challenge was, at least from his perspective, ill-timed. For within 48 hours came a glaring example of anti-conservative discrimination at Cornell, courtesy of the Student Assembly(SA): The SA’s blatantly political attempt to defund The Cornell American, one of the very few conservative student groups on campus. The attempted defunding was done in reliance on a newly-adopted, ex post facto […]

Today’s college campus is a study in contrasts. Professors and administrators cling to their grotesque orthodoxies, but students seem to be getting saner by the year. What follows are five of the most outrageous campus incidents of the last academic year, then five of the most heartening acts of courage. The conservative-speaker double standard is almost an academic institution. At Bucknell University, administrators refused a student group’s request to invite Republican congressman and Senate hopeful Pat Toomey to give a speech, arguing that his appearance would violate a school policy against electioneering on campus. Meanwhile, Bucknell paid presidential candidate Ralph […]

A Cal Poly San Luis Obispo student who sued the school for allegedly violating his 1st Amendment rights reached a settlement with the university this week. The school promised to expunge Steve Hinkle’s disciplinary record and to pay $40,000 in legal fees. Hinkle, a 23-year-old industrial technology major, was reprimanded in November 2002 after several students complained that fliers he had posted in the school’s multicultural center were offensive.Hinkle, president of the Cal Poly College Republican Club, was advertising a speech by Mason Weaver, the author of “It’s OK to Leave the Plantation.”Weaver argues that reliance on government aid enslaves […]

Thor Halvorssen and Steve Hinkle on Fox News’ Hannity & Colmes Transcript, originally aired July 8, 2003 HANNITY: …a California Polytech student was charged and found guilty of a disruption of a campus event after posting a flier advertising a speech by Mason Weaver, the author of the new book “It’s OK to Leave the Plantation.” Now some students reportedly complained that the flier offended them. We contacted the school today and they dispute many of the statements written about this case in recent articles, and they also said federal student privacy laws prevent them from talking about this until […]

California Polytechnic State University has settled a lawsuit with a student who was disciplined for posting a flier more than a year ago that some students said was offensive.“This sends a message to college administrators that says you can’t censor speech by re-characterizing it,” said Curt Levey, one of the attorneys in the case and a spokesman for the nonprofit law firm that represented the student, Steve Hinkle.University counsel Carlos Cordova said, “Cal Poly has believed throughout it could have successfully defended against this lawsuit,” but that “Cal Poly entered into the agreement to avoid the cost of further litigation.” […]

Following widespread criticism, the Associated Students, Inc. (ASI) at California Polytechnic State University has revised its election policies to allow students running for ASI positions to be quoted in the media outside of the “active campaigning period,” which begins just 10 days before elections. Previously, students were prohibited from being identified as candidates in written materials prior to the beginning of the active campaigning period, which began on April 13 this year.

Add this to the ever-growing list of sneaky tactics employed to suppress student speech: At California Polytechnic State University (Cal Poly) and the University of Alabama (UA), student speech about upcoming student government elections may violate election codes at their respective schools.

The FIRE Student Network’s Student Spotlight recognizes students who are paving the way for free speech on their campuses. This month, FIRE is proud to recognize Nate Honeycutt, the president of the Cal Poly College Republicans at California Polytechnic State University.

FIRE announces its Speech Code of the Month for February 2014: the University of Richmond. The University of Richmond’s Standards of Student Conduct prohibit any “inappropriate behavior or expression,” giving the administration complete discretion to punish virtually any expression it finds inconvenient or unwelcome.

Last month, I visited California Polytechnic State University (Cal Poly) to speak to students and faculty about student rights. When I arrived, I learned of a brewing controversy over a party thrown by a Cal Poly fraternity. The party’s theme, “Colonial Bros and Nava-hos,” and the costumes apparently worn by some of the party-goers garnered criticism from community members who were offended. This sparked anunconstitutional investigation. Now comes word that the results of the investigation are finally in, and, thankfully for free expression, the party planners were cleared of any accusations of wrongdoing. As reported in The Mustang News, Cal Poly President Jeffrey […]

The editorial board of the Mustang News, California Polytechnic State University’s (Cal Poly) student newspaper, wrote earlier this week to criticize both the students responsible for organizing the recent “Colonial Bros and Nava-hos” themed party and those calling for the school to punish the party hosts. The board emphasizes that it does not condone offensive party themes like this one, and that students—especially student organization leaders—should encourage their peers not to degrade women and perpetuate stereotypes. But there’s a critically important line to be drawn: [J]ust as these leaders can express their own personal opinions, Cal Poly President Jeffrey Armstrong can do the […]

Last weekend, a fraternity at Randolph-Macon College (Va.) hosted a “USA vs. Mexico” theme party. Critics branded it as racist, and the college is now taking action, stating that it is “in the process of holding the individuals and groups involved responsible through our judicial process.” Any forthcoming punishment, though, would run contrary to Randolph-Macon’s broad promises of students’ free expression. Photos show partygoers dressed in sombreros and fake moustaches, and The Huffington Post reports that party attendees played drinking games, including one in which “Americans” attempted to catch “illegal immigrants.” But as my colleague Ari Cohn pointed out in discussing a similar “game” yesterday here on The Torch, expressive […]

According to the Mustang Daily, California Polytechnic State University’s (Cal Poly’s) student newspaper, the Cal Poly College Republicans are petitioning against a policy in effect across the California State University (CSU) system that requires student organizations to open membership to all enrolled students. (Fraternities and sororities may remain open only to one sex.) Members of the College Republicans point out that, because they are forced to admit non-Republican students as members, their group’s message will be diluted and their activities interrupted by those who disagree with their core beliefs. Along with circulating the petition and constructing a “free speech wall” this week, the […]

Today, FIRE brings you the next installment in our blog series on the state of free speech at America’s top 10 liberal arts colleges, as ranked by U.S. News & World Report. Up today: Pomona College, one of the five undergraduate colleges that are part of the Claremont Colleges consortium in California. Overall, Pomona College’s speech codes are not as restrictive as some of the other schools in this blog series. Further, it’s important to note that some of the more restrictive policies are not specific to Pomona but rather are applicable to all of the Claremont Colleges, meaning that it […]

Student journalist Brendan Pringle wrote about several FIRE cases in Tuesday’s Daily Mustang, the student newspaper of California Polytechnic State University (Cal Poly). Pringle wrote about our cases at Bucknell University, Northern Arizona University, Lone Star College-Tomball, and Cal Poly itself, which attempted to punish a student for posting a flyer on a public bulletin board. Pringle explains the Cal Poly case this way: The poster was advertising a speech given by African-American speaker (and former Black Panther) Mason Weaver called “It’s Okay to Leave the Plantation.” The administration claimed that [student Steve] Hinkle disrupted a meeting by posting the flyer […]

Greg spoke at California Polytechnic State University (Cal Poly) on Monday about the nonpartisan nature of the First Amendment, the ridiculousness of speech codes, and the importance of combating offensive speech with more speech. An article by Amanda Sedo in the Mustang Daily, Cal Poly’s student newspaper, demonstrates that students really took Greg’s message to heart. For example, business student Lindsay Carr said: I think many students would be surprised to know how many times peoples’ rights have been violated, and I think it’s important to understand that our rights still exist when enrolled at a university. Michael Dewitt, a […]

The Tribune of San Luis Obispo, California, recently published a guest column by Brendan Pringle, a California Polytechnic State University junior and columnist for the Mustang Daily student newspaper. The article remarks on the retirement of long-serving Cal Poly president Warren Baker and looks forward to Cal Poly’s future. Baker’s record on free speech is marred by his mishandling of a 2002 incident in which student Steve Hinkle was punished for posting a flier on a public bulletin board to advertise a campus speaker. FIRE defended Hinkle, who won a settlement from Cal Poly. Pringle recounts the Hinkle case and its […]

After thirty-plus years as President of California Polytechnic State University, Warren J. Baker is retiring. This means that for the first time in a generation, Cal Poly is contemplating who it will trust to take up its mission. Three candidates for the top job reportedly are visiting Cal Poly this week, and columnist Brendan Pringle of the Mustang Daily student newspaper has some questions for them. Free speech is first on the list, which is appropriate given Cal Poly’s history of troubles on the issue. Pringle writes: Recently, Cal Poly has had a spotty record of First Amendment protection. From […]

Last spring, FIRE announced a victory for freedom of speech at California Polytechnic State University (Cal Poly) in San Luis Obispo when Cal Poly suspended an unconstitutional program targeting professors and students whose speech was “biased” or not “politically correct.” The program even planned to let students report complaints anonymously, meaning that those deemed “politically incorrect” might never have known whom they had offended or why. Under pressure from FIRE, Cal Poly promised that any future CARE-Net program (short for Community Advocating REspect) “will not function to suppress controversial, offensive, or any other kind of protected speech.” The successor to CARE-Net is […]

Cal Poly student Will Taylor has a great blog entry on the site of the Mustang Daily, Cal Poly’s main student newspaper, about FIRE and the director of our Individual Rights Defense Program, Adam Kissel. Taylor writes: What was so impressive about FIRE was that they truly are non-partisan. Kissel said that some of the cases he helped defend were completely against his personal belief system and were even shocking to him. But FIRE pushes ahead anyway. As he said at the beginning of his talk, “This is the beginning of your adult life; we want you to be able […]

The Mustang Daily, a student newspaper at California Polytechnic State University (Cal Poly), has an excellent article about Adam’s speech there last Wednesday. As I related here before Adam’s speech, Cal Poly has a long and sordid history regarding free speech on campus. Adam discussed Cal Poly’s yellow light speech code rating, making the school better than most in terms of policies, according to FIRE’s latest report—while Cal Poly’s many free speech controversies and violations in practice make Cal Poly far below average. Even a “yellow light” is not suitable, however, especially at a state institution. The Mustang summarizes Adam’s comments: [Y]ellow […]

FIRE’s June 1 press release announced a victory for individual rights at California Polytechnic State University (Cal Poly), which has suspended an unconstitutional program targeting professors and students whose speech is “biased” or not “politically correct.” The program even planned to let individuals report complaints anonymously, meaning that those deemed “politically incorrect” might never have known whom they had offended or why. Cal Poly, which has already once been on the losing side of a free speech lawsuit, has promised that any future CARE-Net program (short for Community Advocating REspect) “will not function to suppress controversial, offensive, or any other […]

SAN LUIS OBISPO, Calif., June 1, 2009—California Polytechnic State University (Cal Poly), which has already once been on the losing side of a free speech lawsuit, has suspended an unconstitutional program targeting professors and students whose speech is “biased” or not “politically correct.” The program even planned to let students report complaints anonymously, meaning that those deemed “politically incorrect” might never have known whom they had offended or why. Under pressure from the Foundation for Individual Rights in Education (FIRE), Cal Poly has promised that any future CARE-Net program (short for Community Advocating REspect) “will not function to suppress controversial, […]

Last week, we reported that California Polytechnic State University (Cal Poly) removed a disturbing bias incident policy from its website shortly after FIRE sent the university a letter criticizing the policy’s infringement on faculty rights to free speech, academic freedom, and due process. The “CARE-Net” initiative encouraged students to report any speech “that is perceived to be malicious or discriminatory toward another person or group based on bias or prejudice relating to [certain enumerated personal characteristics].” The website also promised that a mechanism for anonymous online reporting was forthcoming, a development that posed a serious threat to due process rights. […]

Before heading home for a weekend of sitting out in the sun, standing in line for Star Trek or, in my case, seeing how much Lost it is possible to cram into a single weekend of house-sitting, here are a couple of worthy articles to chew on. Both, incidentally, involve the social networking site Facebook—and by association practically every college student in the fifty states. Robert’s article at Pajamas Media takes a hard look at the NCAA’s questionable practice of sending cease-and-desist letters to students unconnected with athletic departments who wish to “recruit” (in the NCAA’s eyes) sought-after college […]

Today, Roger Freberg, blogger and husband of Cal Poly professor Laura Freberg, has a post about the situation at Cal Poly, where, as FIRE reported yesterday, the university apparently removed information from its website about a bias incident reporting program called “CARE-Net” after FIRE sent the university a letter objecting to the program’s unconstitutional aspects. Under the proposed program, students were instructed to report to the university any speech, act, or harassing incident or action taken by a person or group that is perceived to be malicious or discriminatory toward another person or group based on bias or prejudice relating […]

Last week, FIRE sent a letter to California Polytechnic State University (Cal Poly) President Warren Baker about a new bias incident reporting pilot program approved by the university. Several members of Cal Poly’s faculty had contacted FIRE to express their concerns about the initiative, set to become effective this month, which encouraged students to report any speech, act, or harassing incident or action taken by a person or group that is perceived to be malicious or discriminatory toward another person or group based on bias or prejudice relating to such characteristics as race, color, sex, sexual orientation, gender identity, national […]

As Will wrote earlier in the week, FIRE has seen far too many instances of students’ First Amendment rights being thrown out the window when used to support Second Amendment rights. FIRE has been all over the news concerning the most recent instance of this, in which a student at Central Connecticut State University (CCSU) was reported to the police by his professor and subjected to an interrogation on the basis of a class presentation he had given in favor of concealed carry rights on campus. Building on a FoxNews.com front-page story (tipped this week in an editorial on the […]

FIRE supporters may remember the egregious 2002 case of Steve Hinkle, a student at California Polytechnic State University (Cal Poly) who posted a flyer that was considered to be “of an offensive racial nature” and was then charged with “disrupting” a “campus function” after students confronted him about the poster. The poster simply advertised a speech by Mason Weaver, author of the book It’s OK to Leave the Plantation, by displaying the title of the book, the time and place of the event, and a picture of the author. Hinkle ultimately sued the university with FIRE’s help. After Cal Poly […]

This month, back in 2004, California Polytechnic State University finally capitulated in its efforts to defend the indefensible: its finding student Steve Hinkle guilty of “disruption” for merely posting a flier with the title of book some students found offensive. Cal Poly should be the poster child for how not to handle a free speech controversy. First, they bungled their way into it with the thinnest of claims. Next, when FIRE got involved they did not realize they had been caught red-handed. Instead they took inadequate steps to address and/or excuse what they had done, spent the summer being savaged […]

May has traditionally been a big month for FIRE (and this month is no exception, as readers will see in the next few days). This time last year we finally resolved the extraordinary Steve Hinkle case: May 6, 2004 FIRE Press Release SAN LUIS OBISPO, CA In a major victory for liberty and equal rights on campus, California Polytechnic State University (Cal Poly) has settled a free speech lawsuit. The case involved Cal Poly student Steve Hinkle, who was punished for posting a flier on a public bulletin board announcing a College Republicans-sponsored speech by a black social critic. Some […]

SAN LUIS OBISPO, CA—In a major victory for liberty and equal rights on campus, California Polytechnic State University (Cal Poly) has settled a free speech lawsuit. The case involved Cal Poly student Steve Hinkle, who was punished for posting a flier on a public bulletin board announcing a College Republicans-sponsored speech by a black social critic. Some students at the campus Multicultural Center found the flier “offensive.” Cal Poly has agreed to expunge Hinkle’s disciplinary record relating to the incident, to permit him to post fliers, and to pay significant attorney’s fees. The settlement of the lawsuit ends a year-long […]